Will Pennsylvania Legalize Marijuana?

marijuana for medicinal purposes, Colorado recently became the first state in the country to legalize the use of marijuana for recreational purposes.

Although Pennsylvania has not taken any substantial steps towards either of these approaches, a bill recently introduced in the Pennsylvania Senate would approve the use of a marijuana derivative known as “cannabidiol”, a compound found in marijuana that does not possess any of the psychoactive or hallucinogenic properties of THC, and which has been used to treat children suffering from severe forms of epilepsy. Gov. Tom Corbett has stated that he will refuse to sign any bill permitting the sale or use of medical marijuana, including the bill referenced above, until cannabis has been approved by the FDA for medical use.

Regardless of where you stand on the legalization of medical or recreational marijuana, it is undeniable that the issue raises some serious questions that need to be addressed. For example:

What will happen if they do legalize marijuana in Pennsylvania?

Laws of Severity of the Offence. Pennsylvania’s DUI laws, as currently written, automatically subject a driver with any amount of marijuana in his/her system to the highest tier of punishments, regardless of whether the driver is actually impaired. Will we create a tier system for marijuana similar to BAC levels for alcohol? Bear in mind that marijuana remains in the blood for much longer than alcohol and most other drugs, and well beyond the time it can impair driving.

Current Prisoners and Criminal Records. What do we do with the thousands of people currently incarcerated or on probation for crimes involving marijuana, or the multitude of people who have convictions for marijuana possession on their criminal records? Do we open to doors to the jail? Are these convictions to be wiped off the books?

Regulation and the Sale of Marijuana. Considering how Pennsylvania currently regulates the sale of alcohol, how will Pennsylvania regulate the sale of marijuana? Will we create a “Marijuana Control Board”, complete with state stores and will we ban on out-of-state imports?

Many believe that marijuana legalization is simply a matter of time, but many interesting and difficult questions will need to be answered before we throw open to door to marijuana, medical or otherwise. Until the laws of Pennsylvania change, if you are arrested for a marijuana related offense, call the us at 610.945.9456 Our lawyers are up to date with all of the recent changes in the law. We can explore all possible defenses, as well as any alternative programs which may be available to you.